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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101393
Experience:  Lawyer
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I am looking in regards to becoming my parents legal

Customer Question

Hello, I am looking for information in regards ***** ***** my parents legal Gardian. My Dad has advanced dementia and wanders often. He is very stubborn and thinks he lives somewhere else. My Mom has dementia also and is very confused and lives in the past. She has been told many times after having a fall that she needs to us a cane or walker to help with her balance but refuses to listen to anyone. What is the process that I will need to do to get guardianship and make sure they are taken care of and will be safe?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

When competent did your father sign a Power of Attorney or Representation Agreement?

Are you saying they are both not competent now?

Customer: replied 1 year ago.
No, neither of my parents did. Yes they are both not competent. The bank manager where my parents bank said if we don't get power of attorney so he will have to freeze the account and have a trustee take over at the bank.
Customer: replied 1 year ago.
I have been looking after my parents in their home for almost 4 years. My Dad thinks he lives somewhere else and won't pay bills for a place he does not live in. They have lived in this same house for 51 years.
Customer: replied 1 year ago.
I am the primary caregiver for them both now. My Mom is becoming worse with her dementia faster than my Dad was. With this cold weather it makes me nervous every time he starts pacing and wanting to head home. He gets made at my Mom because she won't put her jacket on to walk home with him. She tells him that this is our home but that just makes him madder. I let him walk for a bit while following in the car.
Customer: replied 1 year ago.
Their doctor has told me they need to go into a home soon. Specially my Dad. I told him I needed to get Guardianship and he gave me a signed letter for each of my parents stating that they are no longer mentally competent.
What and where do I go from here.
Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

I am sorry for the delay. But, the way the site works is that once you post you have to wait for my reply. If you reply before you wait for my reply then often my answer gets lost. That is just what happened here.

You cannot get a power of attorney for your mother to sign. She is no longer competent. This means that you have to apply to the court for an order declaring each of your parents to be mentally incompetent and then for an order appointing you to be their legal guardian.

When you get this order you will be the only person who can make decisions about your parents' finances and care.

This is a complex issue and can take some time if you are not sure how to deal with the legal system. Given that you are worried about your parents' safety it is best for you to consult with a lawyer with a view to retaining the lawyer who can make the court application for you.

Does that help?